1. a) In a land-mark judgment in the Court of Appeal, in the case of Edwards...
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1. a) In a land-mark judgment in the Court of Appeal, in the case of Edwards v. National Coal Board (NCB), Lord Justice Asquith awarded £984 (about £25,000 in today's money) to the widow for the NCB's failure to provide adequate protection against a roof-fall that killed Mr. Edwards. The Judge said that risks should always be reduced unless the employer could demonstrate that there was "gross disproportion" between the costs and the benefits. Explain the term "gross disproportion" and comment on how it is applied in the UK. [10] Marks) b) Explain the meaning of the phrases "So Far As Is Reasonably Practicable". [10 Marks) c. Section 2 (sub-section 2) of the Health and Safety at Work Act etc 1974, the duty is qualified each time with the words "so far as is reasonably practicable", Why? d. Marks) [Total 25 Marks) 2. a) With the aid of a diagram, explain the relationship between the key elements of the health and safety management system in HSE's 'Successful Health and Safety Management' (HSG65 or similar). (10 Marks) (b) In 1993, the original Management of Health and Safety at Work Regulations (sometimes referred to as the Management Regulations) came into force as the principal method of implementing the EC Framework Directive (89/391/EEC) in the United Kingdom. These regulations had a significant impact on risk assessment in industries like rail transport, power generation, chemical plants etc. i. Explain the phrase "Risk ASsessment". [6 Marks] ii. The Health and Safety Executive in the UK have development an approached for helping to determine the acceptability of risk. This "Tolerability of Risk" framework has 3 risk categories, explain each of the following; 1. Negligible 2. Tolerable risk 3. Unacceptable risk (9 Marks) [Total 25 Marks] 3. Suppose that a process plant has a large gas fired heater. A hazard study has identified that the combustion chamber could explode if there is a build-up of unburnt gas and air after a loss of flame ----- 1--di---r taa-a-- TL- --- - AL:- -..--:--L-----i--L-- L--- --- --- -L- -L nn ---..-- -..--nn.. TL- -l-- L-- -- ----- - - -nn.---- TL:- --. - - 3. Suppose that a process plant has a large gas fired heater. A hazard study has identified that the combustion chamber could explode if there is a build-up of unburnt gas and air after a loss of flame event, leading to 5 fatalities. The rate of this explosion happening has been analysed to be about 0.01 per year (every 100 years). The plant has an estimated lifetime of 20 years. This could arise if the gas supply is not shut off as soon as the flame is lost. The are 3 functional safety system options being considered. ALARP Option 1: Reduces Frequency by factor of 10 (to 0.001): Costs £200,000.00 ALARP Option 2: Reduces Severity by factor of 5 (to 1 death): Costs £20,000.00 Perform Cost Benefit Analysis for the following options and justify the option that should be selected: i. Option 1 ii. Option 2 iii. Option 1 and 2 For the purpose of Cost Benefit Analysis use the Cost of single death (Value for Preventing a Fatality) of £2 000,000.00. (The Values of VPF has been scaled from DfT published figures for 2007 in TAG unit 3.4: The Safety Objective, Table 4a: Average value of prevention per road accident by severity and class of road: all hours). [Total 25 Marks] 4. Following the recent 'Building a Safer Future' review, there is a proposal to change the law by the introduction of the proposed "Building Safety Bill". Described by housing secretary Robert Jenrick as the "biggest improvements to building safety in nearly 40 years", the bill contains wide-ranging changes from new, more stringent requirements on the built environment sector around building safety standards and the introduction of a new Building Safety Regulator. The Bill with introduce the duty to manage risks and safety cases. a) What is a safety case? Explain the purpose of the building Safety case report? 10. arks) b) In the new Building Safety BilIl, a role of Accountable Person has been defined. Outline the FIVE duties placed upon Accountable Person who will be the duty holder during occupation in the proposed bill. [15 Marks) 5. According to the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, also known as the EIA Regulations, EIA is mandatory for various development projects for sustainable development. a. Describe the Environmental Impact Assessment process in detail. [15 Marks] b. A new bypass is proposed as shown in Figure 1, as a result screening, it has been determined that this project requires an Environmental Impact Assessment (EIA). The EIA is now at the scoping stage. Keynes (20 miles) Romitrang (33 miles) & M77 miles) A40 ALO priposed * typass RAS7S Alun divaned railway line Mihon oth disused railway line Walten (14 miles) & M7 (9 miles) Balbridge (19 miles) cale: I mile (appros. Figure 1- Proposed bypass Identify FIVE Environmental Aspect (Cause) and FIVE Environmental Impact (Effect) related to this development. [10 Marks) 1. a) In a land-mark judgment in the Court of Appeal, in the case of Edwards v. National Coal Board (NCB), Lord Justice Asquith awarded £984 (about £25,000 in today's money) to the widow for the NCB's failure to provide adequate protection against a roof-fall that killed Mr. Edwards. The Judge said that risks should always be reduced unless the employer could demonstrate that there was "gross disproportion" between the costs and the benefits. Explain the term "gross disproportion" and comment on how it is applied in the UK. [10] Marks) b) Explain the meaning of the phrases "So Far As Is Reasonably Practicable". [10 Marks) c. Section 2 (sub-section 2) of the Health and Safety at Work Act etc 1974, the duty is qualified each time with the words "so far as is reasonably practicable", Why? d. Marks) [Total 25 Marks) 2. a) With the aid of a diagram, explain the relationship between the key elements of the health and safety management system in HSE's 'Successful Health and Safety Management' (HSG65 or similar). (10 Marks) (b) In 1993, the original Management of Health and Safety at Work Regulations (sometimes referred to as the Management Regulations) came into force as the principal method of implementing the EC Framework Directive (89/391/EEC) in the United Kingdom. These regulations had a significant impact on risk assessment in industries like rail transport, power generation, chemical plants etc. i. Explain the phrase "Risk ASsessment". [6 Marks] ii. The Health and Safety Executive in the UK have development an approached for helping to determine the acceptability of risk. This "Tolerability of Risk" framework has 3 risk categories, explain each of the following; 1. Negligible 2. Tolerable risk 3. Unacceptable risk (9 Marks) [Total 25 Marks] 3. Suppose that a process plant has a large gas fired heater. A hazard study has identified that the combustion chamber could explode if there is a build-up of unburnt gas and air after a loss of flame ----- 1--di---r taa-a-- TL- --- - AL:- -..--:--L-----i--L-- L--- --- --- -L- -L nn ---..-- -..--nn.. TL- -l-- L-- -- ----- - - -nn.---- TL:- --. - - 3. Suppose that a process plant has a large gas fired heater. A hazard study has identified that the combustion chamber could explode if there is a build-up of unburnt gas and air after a loss of flame event, leading to 5 fatalities. The rate of this explosion happening has been analysed to be about 0.01 per year (every 100 years). The plant has an estimated lifetime of 20 years. This could arise if the gas supply is not shut off as soon as the flame is lost. The are 3 functional safety system options being considered. ALARP Option 1: Reduces Frequency by factor of 10 (to 0.001): Costs £200,000.00 ALARP Option 2: Reduces Severity by factor of 5 (to 1 death): Costs £20,000.00 Perform Cost Benefit Analysis for the following options and justify the option that should be selected: i. Option 1 ii. Option 2 iii. Option 1 and 2 For the purpose of Cost Benefit Analysis use the Cost of single death (Value for Preventing a Fatality) of £2 000,000.00. (The Values of VPF has been scaled from DfT published figures for 2007 in TAG unit 3.4: The Safety Objective, Table 4a: Average value of prevention per road accident by severity and class of road: all hours). [Total 25 Marks] 4. Following the recent 'Building a Safer Future' review, there is a proposal to change the law by the introduction of the proposed "Building Safety Bill". Described by housing secretary Robert Jenrick as the "biggest improvements to building safety in nearly 40 years", the bill contains wide-ranging changes from new, more stringent requirements on the built environment sector around building safety standards and the introduction of a new Building Safety Regulator. The Bill with introduce the duty to manage risks and safety cases. a) What is a safety case? Explain the purpose of the building Safety case report? 10. arks) b) In the new Building Safety BilIl, a role of Accountable Person has been defined. Outline the FIVE duties placed upon Accountable Person who will be the duty holder during occupation in the proposed bill. [15 Marks) 5. According to the Town and Country Planning (Environmental Impact Assessment) Regulations 2011, also known as the EIA Regulations, EIA is mandatory for various development projects for sustainable development. a. Describe the Environmental Impact Assessment process in detail. [15 Marks] b. A new bypass is proposed as shown in Figure 1, as a result screening, it has been determined that this project requires an Environmental Impact Assessment (EIA). The EIA is now at the scoping stage. Keynes (20 miles) Romitrang (33 miles) & M77 miles) A40 ALO priposed * typass RAS7S Alun divaned railway line Mihon oth disused railway line Walten (14 miles) & M7 (9 miles) Balbridge (19 miles) cale: I mile (appros. Figure 1- Proposed bypass Identify FIVE Environmental Aspect (Cause) and FIVE Environmental Impact (Effect) related to this development. [10 Marks)
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Q1 Part A The case of Edwards v NCB highlighting the need for Risk assessment The risk assessment should be carried out to judge that the sacrifice money time or trouble needed to prevent or reduce th... View the full answer
Related Book For
The Legal Environment of Business
ISBN: 978-0538473996
11th Edition
Authors: Roger E Meiners, Al H. Ringleb, Frances L. Edwards
Posted Date:
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